Talaq e Tafweez or Womens’ right to give Talaq was highlighted by Sunni Seminary at Bareilly
Bareilly: 30th Sep 2016 TH News Desk
Dargah Ala Hazrat (Bareilly), which represents the Sunni Barelvi movement of Islam, ruled that even Muslim woman can pronounce talaq to her husband.
Mufti Salim Noori of the Daruf Ifta, the fatwa department of the Dargah associated with Markaz-e-Ahle Sunnat Bareilly Sharif, a noted Islamic institution of the Barelvi sect, said women should be treated on a par with men in every respect, including talaq (divorce).
In India, a large number of Sunni Muslims follow the Barelvi movement of Islam, as opposed to the more radical Deobandi or Wahabi sect.
“The woman can give talaq to her husband if he is a drunkard or is immoral, unwell or unable to lead a normal married life. For convenience, the woman should secure this right at the time of nikah,” Noori said in his latest fatwa, which was sought in 2014 by Maulana Asad Masood, a religious leader from Manchester, England.
“It is called the Talaq-e-Tafweez. The parents of a woman can secure this right for their daughter at the time of her marriage if they fear she would be unsafe or mistreated in her in-laws’ house in future…. The woman can tell her husband any time in her life that she wants to divorce him for certain reasons. The husband is bound to agree if she wants separation. But the elders of both families are expected to see whether she is of a balanced mind and is not misusing her rights,” Noori said from Bareilly, 250km from Lucknow.
The ruling is based upon the little-known provision of the talaq-e-tafweez, where a husband may delegate to the wife the authority to pronounce talaq. In practical terms, it can work if a prenuptial clause is inserted in the nikahnama or marriage contract.
This tafweez agreement, made either before or after the marriage, gives the wife the liberty to divorce herself from her husband under certain specified conditions, such as the husband taking a second wife.
Scholar Ameer Ali’s book mentions three kinds of tafweez, of which one gives the wife the authority to divorce herself from her husband.
However, Muslim scholars insist that even tafweez, in effect, does not deprive the husband of his authority because the wife gets to say “talaq” drawing on her husband’s prenuptial consent.
A more accepted system of a Muslim woman seeking divorce on her own terms is called the khula, or divorce by consent, in which the wife gives or agrees to give a consideration – such as money, or giving up her claim on property and jewellery – to the husband for her release from the marriage.
The khula is thus a right of divorce the wife purchases from her husband.
In Muslim law, if a husband levels a false charge of adultery, the wife is entitled to sue for and obtain divorce.